RAMNARAIN Vs. STATE OF M P
LAWS(MPH)-1980-9-4
HIGH COURT OF MADHYA PRADESH
Decided on September 30,1980

RAMNARAIN Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

BALWANTSINGH V. BALDEV SINGH [REFERRED TO]


JUDGEMENT

Mishra, J. - (1.)This is a petition under Article 226 read with Article 227 of the Constitution of India for issuance of a writ of certiorari and or any other writ, order or direction for quashing the order passed by the Board of Revenue M. P. Gwalior (Annexure XXV) dated 23-9-1978, affirming order passed by the Competent Authority, Khurai (Annexure-XXIV) dated 28-9-1977.
(2.)Briefly stated the petitioner's case is that Ramnarain, petitioner No. 1, his wife Asharani, petitioner No. 2 and their four sons (Khalaksingh and others) were holders of the land in question. Petitioner No. 1 entered into agreements for sale (Annexures I, II and III) in respect of certain lands with Lallansingh, Halkai and Shitalprasad and put them in possession thereof. Thereafter, the said land was transferred under three registered sale deeds dated 6-4-1972 (Annexures VIII, IX and X).
(3.)On initiation of proceedings under the Madhya Pradesh Ceiling on Agricultural Holdings Act 1960 (Act No. 20 of 1960) (hereinafter referred to as the Act), the petitioners defended the transfers in question on the ground that they were neither made in anticipation of nor to defeat the provisions of the Act. In the enquiry before the Competent Authority, documentary as well as oral evidence was led by the petitioners. By order D/-28-9-1977 (Annexure XXIV), the Competent Authority declared the transfers in question to be void. Aggrieved by this order, the petitioners preferred appeal to the Board of Revenue which has been dismissed bv the impugned order. Hence this petition.


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